SH. ZOTHANSEIA Vs. SH. CHAWNGKHUMA (L)

JUDGEMENT

(1.) Heard Mr. Johny L. Tochhawng, learned counsel for the appellant along with Mr. Lalremtluanga, learned counsel for respondent No.1 and Mrs. H. Lalmalsawmi, learned Govt. Advocate for respondent Nos. 2-6.

(2.) This is an appeal under Sec. 96 of CPC read with Sec. 17 of the Mizoram Civil Courts (Amendment) Act, 2021 for setting aside the Order dtd. 20/4/2021 passed by the Senior Civil Judge, Kolasib in Civil Suit No. 3/2018.

(3.) The case of the appellant in brief is that the appellant land covered by his Periodic Patta 1903 of 1976 (bifurcated into two PPs in 2006) is overlapped by the Land Settlement Certificate W-42 of 1987 belonging to the respondent No.1. The appellant/plaintiff came to know of such encroachment of his land, in the year 2004 and the appellant/plaintiff being aggrieved by such encroachment filed the Civil Suit No. 3/2018 before the Senior Civil Judge, Kolasib for an order of cancellation of the Land Settlement Certificate No. W-42 of 1987. While the Civil Suit was pending at the pre hearing stage, the appellant found his lost diary and from the contends of his diary, he discovered some mistake in the dates mentioned in his plaint.He then had filed an application in CMA No. 18/2020, for amendment of para 5 of the plaint in which the date of knowledge of the encroachment, cause of action, was to be changed from the year 2004 to 2008. The CMA No.18/2020 was however dismissed on 15/12/2020. The learned trial court opined that the copy of papers of the diary merely indicate that the plaintiff went to Phapheng with regard to taking measurement on respect of land that may be destroyed in the widening of the road, which did not throw light of which date the plaintiff came to know about the alleged encroachment of his land. The learned trial court found the submission made by the plaintiff unsubstantiated and that it would be unjust especially when issues were already framed and the hearing was currently being heard on the question of limitation period of filing the suit. Subsequently, the Civil Suit No.3/2018 was also dismissed on 20/4/2021 on the grounds that the suit was barred by limitation.